Anthony VanDuzer

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Anthony VanDuzer
Full Professor

B.A. (Queen's)
LL.B.
LL.M. (Col.)

57 Louis Pasteur St. Room 355

Office: 613-562-5800 ext. 3312
Office: 613-562-5124

Work E-mail: Anthony.VanDuzer@uOttawa.ca

Anthony VanDuzer

Biography

Tony VanDuzer graduated from the Common Law Section in 1982. He is currently a Professor and a member of the Faculty of Graduate and Post-Doctoral Studies.  Previously, he was the Vice Dean of the English Program (1994-5) and Vice Dean (Research) of the Section (2006-8).  Prior to joining the Section in 1989, he practised corporate and commercial law in Toronto with Fasken & Calvin (now Fasken Martineau).

At the law school, Professor VanDuzer teaches contracts and a number of upper year courses on domestic and international business law.  Outside the law school, Professor VanDuzer has taught more than 20 short courses to officials from Canadian government departments and more than a dozen foreign states on various trade and investment issues both in Canada and abroad. He has also taught in the University of Ottawa Executive MBA program, at the Queen’s University International Studies Centre in England, the Westfalische Wilhelms-Universitat in Germany and the University of Waikato in New Zealand.

Professor VanDuzer’s main area of interest is international trade and investment.  He has been a member of the Academic Advisory Council to the Deputy Minister for International Trade and participated in technical assistance projects relating to business and trade law in transition and developing economies, including Armenia, Bangladesh, China, El Salvador, Georgia, Kyrgyzstan, Russia, Thailand, Ukraine and Vietnam.   He has acted as an outside legal assessor for the Central and Eastern European Law Initiative of the American Bar Association in reviewing a draft Foreign Trade Law for Bosnia-Herzegovina and a draft Competition Protection Act for Bulgaria.  He worked as a foreign expert advising on the development of a new foreign trade law for Russia which was passed by the Duma in 2005.   

Professor VanDuzer's publications include The Law of Partnerships and Corporations (now in its third edition) as well as articles on business, trade and investment law issues. With Professor Gilles Paquet of the School of Management, Professor VanDuzer wrote Anticompetitive Pricing Practices and the Competition Act: Theory, Law and Practice, a major study for the Competition Bureau published in 1999. Many of the recommendations for reform of the Competition Act were included in amendments passed in 2009.  In 2005, his study for the Department of Foreign Affairs and International Trade, Health, Education and Social Services in CanadaThe Impact of the WTO General Agreement on Trade in Services was tabled before the Standing Committee on Foreign Affairs and International Trade. Along with Professor Simons and Professor Mayeda, in 2013 he completed Integrating Sustainable Development into International Investment Treaties: A Guide for Developing Countries published by the Commonwealth Secretariat.

Professor VanDuzer is a co-chair of the Faculty’s International Law Group and an Adjunct Research Professor at the Norman Paterson School of International Affairs at Carleton University.   

 


 

Courses 2017-8

  • Business Organizations CML 2302A
  • International Investment Law CML 3143
  • Contracts CML 1102C (Winter term)
  • International Business Transactions CML 3372
  • Foreign Direct Investment Moot
  • TradeLab International Economic Law  Clinic

 

Recent Books

  • J. Anthony VanDuzer, The Law of Partnerships And Corporations, 4th ed (Toronto: Irwin, forthcoming 2018).
  • Mitchell McIness, Ian Kerr and J. Anthony VanDuzer, Managing the Law:  Legal Aspects of Doing Business, 5th ed (Toronto: Prentice Hall Canada, forthcoming 2017)(author of 6 chapters, pages 491-631).
  • J. Anthony VanDuzer, Penelope Simons and Graham Mayeda, Integrating Sustainable Development into International Investment Agreements: A Guide for Developing Countries (Commonwealth Secretariat, 2013)(570 pages)(lead author and editor).
  • Mitchell McIness, Ian Kerr and J. Anthony VanDuzer, Managing the Law:  Legal Aspects of Doing Business, 4th ed (Toronto: Prentice Hall Canada, 2013)(author of 6 chapters, pages 514-657).
  • Mitchell McIness, Ian Kerr and J. Anthony VanDuzer, Managing the Law:  Legal Aspects of Doing Business, 3d ed (Toronto: Prentice Hall Canada, 2010)(author of 6 chapters, pages 497-638).
  • J. Anthony VanDuzer, The Law of Partnerships And Corporations, 3d ed (Toronto: Irwin, 2009)(625 pages).

 

Selected Recent Publications

  • “Full Protection and Security” in Encyclopedia of International Economic Law, Thomas Cottier and Krista Nadakavukaren Shefer eds (Elgar, 2017).
  • “Canadian Investment Treaties with African Countries: What Do They Tell Us About Investment Treaty Making in Africa?” (2017) 18 Journal of World Investment and Trade 556-584. Download from SSRN
  • “Compliance with Canada’s Trade and Investment Treaty Obligations: Addressing the Gap between Provincial Action and Federal Responsibility” (with Melanie Mallet), forthcoming (2016) 54 Alberta Law Review 1. Download from SSRN
  • "ISDS in CETA: Is it the Gold Standard" CD Howe Commentary 459 (2016). Download from SSRN
  • “The Complex Relationship Between International Investment Law and Climate Change Initiatives: Exploring the Tension” in Panagiotis Delimatsis, ed.  Research Handbook on Climate Change and Trade Law (part of the Edward Elgar’s Research Handbooks in Climate Law Series, 2016).
  • “Sustainable Development Provisions in International Trade Treaties: What Lessons for International Investment Agreements?” in M Krajewski and Steffan Hindelang, eds, Shifting Paradigms In International Investment Law: More Balanced, Less Isolated, Diversified Approaches (Oxford University Press, 2016).
  • “NAFTA’s Approach to Protecting Public Services: Fragmentary, Asymmetrical, Rigid and Limited” in M Krajewski, ed, Beyond the Single Market - External and International Dimensions of Services of General Interest in EU Law (Heidelberg: Springer, 2015). Download from SSRN
  • “Could an Intergovernmental Agreement Make Canadian Treaty Commitments More Credible in Areas within Provincial Jurisdiction” (2013) 68 International Journal 536-544.
  • “A Critical Look at the Prospects for Robust Rules for Domestic Regulation of Services in Preferential Trading Agreements” (2012) 39 Legal Issues of Economic Integration 29-49.  Download from SSRN
  • “Canada” in The Legal Protection of Foreign Investment: A Comparative Study, Wenhua Shan, ed. (Oxford and Portland: Hart Publishing, 2012) 173-240.  Download from SSRN 
  • “APEC’s Role in Rationalizing International Investment Obligations” in Rationalizing International Investment Obligations” in Multilateralism and Regionalism in Global Economic Governance: Trade, Investment and Finance (Routledge: London and New York, 2011).
  • “Canada's New National Security Review of Foreign Investments under the Investment Canada Act” (2010) Canadian Council of International Law Bulletin (1,500 words)(on line) Download from SSRN    
  • “Mixed Signals: What Recent Developments Tell US About Canadian Foreign Investment Policy” (2010) 10 Asper Review of International Business and Trade Law 247-267. Download from SSRN
  • “BCE v. 1976 Debentureholders — The Supreme Court’s Hits and Misses in its Most Important Corporate Law Decision Since Peoples” (2010) 43 UBC Law Review 205-258. Download from SSRN
  • “A Commonwealth Guide on International Investment Agreement Provisions Promoting Sustainable Development,” (2010) 72 Trade Hot Topics. Download from the Commonwealth Secretariat
  • “A Closer Look at Canada's Imminent Accession to the ICSID Convention” (2009) 35 Canadian Council of International Law Bulletin (with Anthony Daimsis). Download from SSRN 
  • “Dispute Resolution under NAFTA: Evolution and Stagnation” in Regional Economic Integration: ASEAN and Canadian Perspectives (ASEAN-Canada Forum 2008) (Institute for Southeast Asian Studies, Singapore, 2010).
  • “Foreign Investment and Development: The Role of Domestic Policy and International Investment Agreements” in Commonwealth Finance Ministers’ Reference Report 2008 (London: Commonwealth Secretariat, 2008) (4 pages) (2500 words). Download from SSRN
  • “Modeling International Investment Agreements for Economic Development” (with Penelope Simons and Graham Mayeda) in Bilateralism and Development: Emerging Trade Patterns, V. Qalo, ed. (London: Cameron May, 2008) 359-410 (lead author and editor).
  •  “Enhancing the Procedural Legitimacy of Investor-state Arbitration Through Transparency and Amicus Curiae Participation” in (2007) 52 McGill Law Journal 681-723 (SSRN's Top Ten download lists for Recent Hits IEL: Investment (Topic), IEL: Dispute Resolution (Topic); LC: Litigants & the Judiciary (Topic); and LSICL: International Arbitration (Topic), July 2008). Download from SSRN
  • “Untangling Access to the Canadian Market for Foreign Legal Consultants and Foreign Law Firms” (2007) 15 Michigan State University Journal of International Law 697-721.
  • “Emerging Transparency Requirements in Investor-State Arbitration” in The Organization of American States: Workshops on International Law (Canada 2005) (General Secretariat of the Organization of American States: Washington, 2006) at 149-172.
  • “Navigating between the Poles: Unpacking the debate on the implications for development of GATS obligations relating to health and education services” in Reforming The World Trading System: Legitimacy, Efficiency And Democratic Governance (Oxford: Oxford, 2005) at 167-196; also published in Developing Countries in the Doha Round: WTO Decision-making Procedures and Negotiations on Trade in Agriculture and Services, E.-U. Petersmann, ed. (Florence: Robert Shuman Centre for Advanced Studies, 2005) at 291-327. Download from SSRN
  • “Health, Education and Social Services: The Impact of the GATS in Canada (2005) Trade Policy Research at 303-497 plus appendices. Download from SSRN
  • “The Canadian Preoccupation with NAFTA’s Impact on Health Care: An Non-issue, A Serious Issue, or Something In Between” in The First Decade of NAFTA:  The Future of Free Trade in North America (New York: Transnational Publishers, 2004)(at 183-229).
  • “The Challenge of the GATS for Transition Economies Seeking to Join the WTO,” (2004) 1 International Economic Policy 22-60.
  • Introduction to the Law and Economics of Canadian International Investment Policy in Canada with Christopher Maule (International Trade Canada)(223 pages) (author of 5 of 6 chapters and general editor)(2004)      

 

Citations

Supreme Court of Canada and Courts of Appeal

Lower Courts

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